(영문) 부산지방법원 2015.11.04 2015고단3772

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(영문) 부산지방법원 2015.11.04 2015고단3772

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2014, at the Busan Dong-dong Police Station located in Busan Dong-gu, Busan, the defendant prepared and submitted a written complaint stating that "G entered into a new housing construction contract with the defendant for the land H located in Busan, Busan, and received 77 million won payment from the defendant, even though it did not properly proceed with the construction, and it did not have any intention or ability to implement the construction contract from the beginning, and thus, it would be punished for fraud because it acquired the construction price by deceiving the defendant even though it did not have any intention or ability to perform the construction contract from the beginning."

However, the Defendant did not conclude a construction contract with G or paid the above construction cost to G.

In other words, the Defendant: (a) demanded I, a debtor of a bill of exchange, to establish a security for the obligation of a bill; (b) purchased the above land to purchase it to sell it to I; and (c) sold it to I; and (c) made I enter into a new construction contract with G to increase the collateral value; and accordingly, I paid the construction price to G; (c) however, the bill paid by I as the balance of the purchase price of the above land was later delayed completion inspection due to the change of use, etc. of the new building among the new buildings that I had been seeking to claim ownership of the above land and buildings against I and gain profits equivalent to the construction price that I invested, and that G did not issue a tax invoice in the future.

As a result, the Defendant reported false facts to public offices for the purpose of having G receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects by the prosecution concerning G;

1. Statement to the prosecution of I;

1. The first written statement issued by the police against the defendant;

1. A complaint;

1. A copy of a promissory note, a written estimate, and

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